Over the weekend, a Bay Harbor Islands condominium had one of its docks collapse, sending twenty people into the water with two being taken to the hospital afterwards.

Twenty to twenty-five feet of the 100-foot-long structure collapsed. Reports still have not surfaced as to the reason for the collapse or when the last time the dock was inspected, maintained or repaired.

What is certain is that the condominium association (and hence, its members) will be on the receiving end of a lawsuit related to this incident.

Far too often, both directors and members in community associations take a rather lax approach when it comes to maintaining, repairing and replacing common elements and limited common elements. Sometimes this attitude is tied to an effort to “cut costs” and other times it stems from a feeling that the amenity in question does not serve the majority of residents.

In the case at hand, some association members may not have thought about the docks in years since they may never have used them. However, that lack of use will not insulate any of the members from the resulting special assessment to pay for legal fees and/or a judgment should one be secured.

It is reasonable for association members to assume that the common elements and limited common elements are being properly maintained and insured but experience has taught that is not always the case. When was the last time you thought to inquire about the state of your community’s pool, tennis courts, clubhouse or other recreational amenity? This question applies to both members of the board and owners alike. If you don’t ask, you may be making some dangerous assumptions.

It behooves every association member and certainly every director to ensure that the common areas are properly maintained and insured in the unfortunate event an incident causing injury or loss of life occurs.

DONNA DIMAGGIO BERGER is a Shareholder with the law firm of Becker & Poliakoff. She has represented all types of shared ownership communities throughout Florida over the last two decades and has worked closely with the Legislature to shape the laws that govern private residential communities.

LISA MAGILL is a shareholder in Becker & Poliakoff's statewide Community Association Law practice group. She has been a leader of and active in various organizations dedicated to community association issues, especially outreach and education.

LINDSAY RAPHAEL a partner with Tripp Scott, focuses her practice on condominium and homeowners association matters, as well as property financing and transaction counsel to buyers, sellers, lenders and developers of residential and commercial real estate. She is a regular contributor to Condo Management Magazine.

JEAN WINTERS has focused on representation of both community associations and homeowners living in associations since 2006. She is a partner at Winters & Winters, P.A. The firm has more than 30 years of combined experience in real property law.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Being general in nature, the information provided may not apply to your specific factual or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.